The Supreme Court As Prometheus: Breathing Life Into The Corporate Supercitizen, 2011 University of Wyoming
The Supreme Court As Prometheus: Breathing Life Into The Corporate Supercitizen, Robert Sprague, Mary Ellen Wells
Robert Sprague
This article examines the legal status of the corporation in light of the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission that corporations have political free speech rights equivalent to natural persons. In Citizens United, Justice Kennedy wrote that corporations were disadvantaged persons because the government had intruded upon their freedom of speech. The Citizens United majority portrays a misleading image of corporations. It is true most corporations are owned by small groups of individuals, managed by their owners, and limited in size and revenues. But what the Citizens United majority conveniently ignores is one particular attribute …
The Structural Constitutional Principle Of Republican Legitimacy, 2011 IIT Chicago-Kent College of Law
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
Mark D. Rosen
Democracy does not spontaneously occur by citizens gathering to choose laws. Instead, representative democracy takes place within an extensive legal framework that determines such matters as who gets to vote, how campaigns are conducted, and what conditions must be met for representatives to make valid law. Many of the “rules of the road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against partisan gerrymandering—which is partly responsible for the fact that most congressional districts are no longer party competitive, but instead are either safely Republican or safely Democratic—and against onerous …
Saving The Preachers The Tax Code's Prohibition On Church Electioneering, 2011 Duquesne University School of Law
Saving The Preachers The Tax Code's Prohibition On Church Electioneering, Nicholas P. Cafardi
Nicholas P. Cafardi
The Natural And The Familiar In Politics And Law, 2011 Widener Law
The Natural And The Familiar In Politics And Law, Michael R. Dimino
Michael R Dimino
Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., 2011 St. Augustine University of Tanzania
Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
Jamhuri ya Muungano wa Tanzania ni nchi iliyotokana na nchi mbili za Tanganyika na Zanzibari mwaka 1964, tangu uhuru wa Tanganyika 1961 na uhuru wa Zanzibari 1963 pamekuwapo na maendeleo ya kikatiba kwa upande wa Muungano na kwa Zanzibari ambayo hatuna budi kuyatazama kwa mapana yake hasa juu ya ushirikishwaji wa watu katika kuzipata katiba hizi.
No Vacancy: Why Congress Can Regulate Senate Vacancy-Filling Elections Without Amending (Or Offending) The Constitution, 2011 American University Washington College of Law
No Vacancy: Why Congress Can Regulate Senate Vacancy-Filling Elections Without Amending (Or Offending) The Constitution, Zachary M. Ista
American University Law Review
There currently exists no uniform method for filling vacancies in the United States Senate, leaving the states to create and implement their own vacancy-filling procedures. As a result of recent problems under this system, such as ex-Governor Rod Blagojevich’s notorious scandal in Illinois, some in Congress have suggested a standardized method for filling Senate vacancies. However, an apparent constitutional conflict between the Elections Clause and the Seventeenth Amendment’s vacancy-filling clause presents the question of whether such standardization could be accomplished with federal legislation, or whether it would require amending the Constitution. Applying the textual, structural, and historical approaches of constitutional …
Politics In The Non-Political Branch, 2011 University of Nebraska-Lincoln
Politics In The Non-Political Branch, Justin L. Swanson
College of Journalism and Mass Communications: Professional Projects
Across the country there exists a patchwork of legal systems by which judges are appointed retained. In some states, like Illinois, it is a fully political process where judges actively campaign for election to the bench. But a majority of states, including Nebraska, have adopted the Merit Selection System, which attempts to remove politics from these processes. Nevertheless, politics can enter into the retention votes. And when they do, it can be extremely difficult for judges to overcome.
Public Corruption Concerns And Counter-Majoritarian Democracy Definition In Citizens United V. Federal Election Commission, 2011 Chicago-Kent College of Law
Public Corruption Concerns And Counter-Majoritarian Democracy Definition In Citizens United V. Federal Election Commission, Daaron Kimmel
Chicago-Kent Law Review
In determining the shape of the free speech rights and anti-corruption concerns that courts must balance in campaign finance cases, judges are influenced by their own underlying understandings of what an ideal democracy should look like. For judges to decide whether the government is appropriately regulating the political process, the rules that allow all citizens to interact with and shape their democracy, judges must first decide what that democracy ought to look like. This affords judges a great deal of discretion in campaign finance cases. Citizens United v. Federal Election Commission is a particularly bold judicial attempt to reshape the …
Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, 2011 St. Augustine University of Tanzania
Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
The concern of our study was to examine the legal basis for electronic contracts in Tanzania. The major problems that were being examined are; the ascertainment of e-contract terms and the other party in the contract with the focus to consent i.e. consensus ad idem requirements and capacity to contract. With the first problem, e-commerce involves e-contracts and the business community in Tanzania enters into contractual arrangements with external world via websites or email in which case the electronic environment is not suitable in Tanzania in terms of the laws and the technology. Messages sent via internet may be garbled …
The Impact Of Connecticut's Clean Election Law: An Empirical Quick Look, 2011 University of New Haven
The Impact Of Connecticut's Clean Election Law: An Empirical Quick Look, A. E. Rodriguez, Lesley A. Denardis
Political Science & Global Affairs Faculty Publications
The State of Connecticut’s General Assembly passed a Clean Elections Law in 2005. In this paper we conduct a preliminary appraisal of the law’s performance based on recently published data on the voting results of the 2010 and 2008 state-wide office elections. The Clean Elections Law was considered among the most stringent in the nation at the time of its passage. It established full public financing for all elections to state offices, including the state legislature. The law applied to primaries as well as general elections. It allowed for supplemental monies in unbalanced contests pitting a privately-financed candidate against a …
Corruption, Clients, And Political Machines: A Response To Professor Issacharoff, 2011 Duke Law School
Corruption, Clients, And Political Machines: A Response To Professor Issacharoff, Stephen E. Sachs
Stephen E. Sachs
Responding to Samuel Issacharoff, On Political Corruption, 124 Harv. L. Rev. 118 (2010) In his comment on political corruption, Professor Samuel Issacharoff questions traditional accounts that aim to squeeze money out of politics entirely. Instead, he focuses on the danger that political spending will promote private influence over government policy. In this response, Professor Stephen E. Sachs argues that "private influence" is itself too broad a category to control, and that campaign finance policy should be restricted to a more manageable scope. Professor Sachs argues that if protecting the government from private influence is too diffuse a goal, we can …
Election Law And Government Ethics, 2011 McGuireWoods LLP, Richmond, Virginia
Election Law And Government Ethics, Christopher R. Nolen, Jeff Palmore
University of Richmond Law Review
The last two years have produced modest "tweaks" to Virginia'selection laws. Most notably, 2011 ushered in the decennial tradition of reapportionment and redistricting. This article surveys developments in Virginia election law for 2010 and 2011 and focuses on those statutory developments that have significance or general applicability to the implementation of Virginia's election laws. Consequently, not every election-related bill approved bythe General Assembly is discussed.
Disrobing Judicial Campaign Contributions: A Case For Using The Buckley Framework To Analyze The Constitutionality Of Judicial Solicitation Bans, 2011 American University Washington College of Law
Disrobing Judicial Campaign Contributions: A Case For Using The Buckley Framework To Analyze The Constitutionality Of Judicial Solicitation Bans, Aimee Ghosh
American University Law Review
No abstract provided.
Voter Equality & Other Canadian Values: Finding The Right Balance, 2011 Berkeley Law
Voter Equality & Other Canadian Values: Finding The Right Balance, Sujit Choudhry, Matthew Mendelsohn
Sujit Choudhry
Representation by population (rep-by-pop) was one of the principal forces behind the creation of Canada and is a key pillar of democracy. The principle that all votes have equal weight reflects the democratic norm that all citizens should have an equal say in who will be elected, who will raise issues in Parliament and who will have the right to use the legitimate power of the state to make decisions on our behalf. Although some deviations from the norm of voter equality are acceptable, they should be grounded in principles that are widely accepted and viewed as legitimate. Canada’s federal …
The Central American Constitutional Identity. A Study Of The Constitutional Imitation Phenomenon In The Integration Process Of The Region, 2011 University of Salento
The Central American Constitutional Identity. A Study Of The Constitutional Imitation Phenomenon In The Integration Process Of The Region, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
The Central American Constitutional Identity, 2011 University of Salento
The Central American Constitutional Identity, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
Is “Transnational” Constitutional Law Possible?, 2011 University of Salento
Is “Transnational” Constitutional Law Possible?, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
The Elected Presidency In A New Normal, 2011 Singapore Management University
The Elected Presidency In A New Normal, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Asst Prof Eugene Tan shared his views on the outcome of the recently concluded Presidential Election and commented on the need for both the incoming President and the Government to evolve the office of the President in a manner that is in sync with Singaporeans' expectations.
What Do We Want In A Presidential Primary - An Election Law Perspective, 2011 Saint Louis University School of Law
What Do We Want In A Presidential Primary - An Election Law Perspective, Chad Flanders
University of Michigan Journal of Law Reform
Although the 2008 presidential primaries were in many ways a resounding success in terms of turnout, attention, and sheer excitement, many noted the pressing need for reform. States were rushing to hold their primaries sooner than ever, giving rise to "Super-Duper Tuesday," where twenty-four states had their primaries on the same day. The Democratic nominee at one point looked like it might be decided by the votes of so-called "Superdelegates"-party regulars beholden to no one. As the Democratic nomination contest wore on, Rush Limbaugh, in "Operation Chaos," encouraged his "dittoheads" to raid the party primaries of the Democrats, tilting the …
Television May Be Game-Changer, 2011 Singapore Management University
Television May Be Game-Changer, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
To wid presidential candidates will have to secure strong support across the political divide